Alabama Eviction Notice + Unlawful Detainer Complaint Package

ALABAMA EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE

PART 1 — NOTICE OF TERMINATION

(Ala. Code § 35-9A-421; § 35-9A-441)

TO: [TENANT NAME(S)] [________________________________]

PREMISES ADDRESS: [________________________________]
City: [________________________________] County: [____________] Alabama, ZIP [_______]

FROM (Landlord / Owner / Agent): [________________________________]
Address: [________________________________]
Phone: [____________] Email: [________________________________]

DATE OF NOTICE: [__/__/____]
TERMINATION DATE: [__/__/____]

TYPE OF NOTICE (check one)

☐ NONPAYMENT OF RENT (Ala. Code § 35-9A-421(b)). The rental agreement will terminate on the termination date above, no sooner than seven business days after receipt of this notice, if the rent and late fees stated below are not paid within that seven-business-day period.

☐ MATERIAL NONCOMPLIANCE (Ala. Code § 35-9A-421(a)). The rental agreement will terminate on the termination date above, no sooner than seven business days after receipt, if the breach described below is not remedied within that period or adequately remedied before the stated termination date. Identify any applicable noncurable ground separately below.

☐ TERMINATION OF WEEK-TO-WEEK TENANCY (Ala. Code § 35-9A-441(a)). Written notice is given at least seven days before the termination date above.

☐ TERMINATION OF MONTH-TO-MONTH TENANCY (Ala. Code § 35-9A-441(b)). The termination date above is the periodic rental date and this written notice is given at least 30 days before it.

STATEMENT OF DEFAULT

For nonpayment: Rent owed to remedy: $[__________]. Period: [__/__/____] through [__/__/____]. Late fees owed to remedy: $[__________]. TOTAL TO REMEDY: $[__________].

For noncompliance: Specific acts/omissions constituting the breach: [________________________________].

For a curable noncompliance: To remedy, Tenant must [________________________________] within seven business days after receipt. If the breach is adequately remedied before the termination date stated above, the rental agreement will not terminate under § 35-9A-421(a).

If asserting a noncurable ground under § 35-9A-421(a) or (d): Identify the facts and subsection: [________________________________]. Obtain review of the applicable exception before using this notice.

DEMAND

Tenant must deliver possession by the termination date stated above if the rental agreement terminates under the selected ground. If the possessory interest has terminated and Tenant remains, Landlord may bring an action for possession under Ala. Code § 35-9A-461 and § 6-6-310(2).

Do not use Ala. Code § 35-9A-422 as a 14-day termination notice. Section 35-9A-422 gives a separate seven-day repair/replacement/cleaning procedure for tenant noncompliance materially affecting health and safety; after noncompliance, it allows the landlord to do the work and submit an actual and reasonable itemized bill as rent. A lease-termination theory must independently satisfy § 35-9A-421 or another applicable ground.

TENANT-RIGHTS NOTICES

• Tenant has the right to seek legal help. Free legal aid may be available through Legal Services Alabama (1-866-456-4995 / legalservicesalabama.org).
• In an action for possession or rent, Tenant may raise a counterclaim under Ala. Code § 35-9A-405 based on the rental agreement or rights under the chapter, including applicable landlord duties in § 35-9A-204.
• Federal housing-program or mortgage coverage may require an additional notice-to-vacate review before filing. Record the program or mortgage and governing notice rule for this property.

CERTIFICATE OF SERVICE

I, [________________________________], certify that I delivered this pre-suit Notice as recorded below. Section 35-9A-144(e) excludes termination and eviction notices from its general notice presumptions, and § 35-9A-421 measures its period from receipt. Do not import the complaint-service alternatives in § 35-9A-461(c) into this pre-suit step without Alabama legal review.

☐ Personal delivery to Tenant on [__/__/____]
☐ U.S. mail sent on [__/__/____]; documented receipt date: [__/__/____]
☐ Other method confirmed by counsel: [________________________________]; documented receipt date: [__/__/____]

Documented receipt date used to calculate the notice period: [__/__/____]

Signature: [________________________________] Date: [__/__/____]

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PART 2 — COMPLAINT FOR UNLAWFUL DETAINER

(Ala. Code § 35-9A-461; § 6-6-310 et seq.)

Court form check: Confirm the current Alabama Unified Judicial System Statement of Claim — Eviction/Unlawful Detainer (Form C-59) and the filing court's instructions. Use this pleading as a drafting companion where that form is required.

IN THE [DISTRICT / CIRCUIT] COURT OF [____________] COUNTY, ALABAMA

CIVIL DIVISION

Case No.: [________________________________]

Plaintiff's Attorney (if any): [________________________________]
Alabama State Bar No.: [____________]
Address: [________________________________]
Phone: [____________] Email: [________________________________]

COMPLAINT FOR UNLAWFUL DETAINER AND POSSESSION

COMES NOW Plaintiff, by and through [pro se / counsel], and complains against Defendant(s) as follows:

1. Parties. Plaintiff is the owner / lawful landlord of the residential rental premises described below. Defendant(s) is/are the tenant(s) and all occupants in possession.

2. Premises. The premises are located at [________________________________], City of [____________], County of [____________], State of Alabama, ZIP [_______] (the "Premises").

3. Rental Agreement. The parties entered into a ☐ written ☐ oral rental agreement on or about [__/__/____]. Term: ☐ Month-to-month ☐ Week-to-week ☐ Fixed term, expiring [__/__/____]. Monthly rent: $[__________], due on the [____] day of each month.

4. Grounds for Eviction (Ala. Code § 35-9A-421 / § 35-9A-441) — check all that apply:

☐ (a) Nonpayment of rent — $[__________] due for [__/__/____] through [__/__/____].
☐ (b) Material noncompliance with rental agreement: [________________________________].
☐ (c) Holdover after expiration of fixed term ending [__/__/____].
☐ (d) Termination of periodic tenancy by proper notice served [__/__/____].
☐ (e) Tenant noncompliance materially affecting health and safety under § 35-9A-301, pursued through § 35-9A-421(a): [________________________________].

5. Notice and Termination. Plaintiff delivered the written notice selected under Ala. Code § [____________] on [__/__/____]; Defendant(s) received it on [__/__/____] (attached as Exhibit A). The notice specified termination on [__/__/____]. The applicable notice or cure period expired on [__/__/____]. The possessory interest terminated on [__/__/____], and Defendant(s) remain(s) in possession without Plaintiff's consent. If relying on nonpayment or curable noncompliance, state the uncured amount or breach: [________________________________].

6. Amounts Owed.

Per-diem rent accruing after the date of this Complaint: $[__________].

7. Willful Holdover (where applicable — Ala. Code § 35-9A-441(c)). If the holdover is willful and not in good faith, Plaintiff seeks up to three (3) months' periodic rent or actual damages, whichever is greater, plus reasonable attorney's fees.

8. Federal Coverage Review. Applicable federal housing program or federally backed mortgage, if any: [________________________________]. Additional notice to vacate required, if any, and date delivered: [________________________________].

9. No Retaliation. This action is brought in good faith and is not in retaliation for any protected activity (Ala. Code § 35-9A-501).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendant(s):

(a) Awarding Plaintiff possession of the Premises and, on Plaintiff's application and after the applicable stay, issuing a writ of possession under Ala. Code § 35-9A-461(e);
(b) Awarding Plaintiff money damages for past-due rent, per-diem rent through possession, late fees, lease-permitted charges, and damages in the amount of $[__________];
(c) Awarding willful holdover damages up to three months' rent and reasonable attorney's fees under § 35-9A-441(c), where applicable;
(d) Awarding costs and reasonable attorney's fees as permitted by the lease or statute;
(e) Granting such further relief as the Court deems just and proper.

VERIFICATION

I, [________________________________], being first duly sworn, depose and state that I am the Plaintiff (or authorized agent of Plaintiff), that I have read the foregoing Complaint, and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________] Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

________________________________
Notary Public, State of Alabama
My Commission Expires: [__/__/____]

SUMMONS DATA / SERVICE NOTE

The summons and complaint are served under Ala. R. Civ. P. 4 and Ala. Code § 35-9A-461(c); its alternative posting-and-mailing method applies only after the stated efforts at personal service. Confirm the current summons and answer instructions with the filing court. The action belongs in the county where the leased property lies; district or circuit court jurisdiction depends on the action. Ala. Code § 35-9A-461(b).

SOURCES AND REFERENCES

• Alabama Legislature, Code of Alabama portal: https://alison.legislature.state.al.us/code-of-alabama
• Alabama Unified Judicial System Form C-59 (confirm current version): https://eforms.alacourt.gov/media/u5marq2c/statement-of-claim-eviction-unlawful-detainer.pdf
• Legal Services Alabama — legalservicesalabama.org